Federal Amicus

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Environmental Protection Commission of Hillsborough County v. Volkswagen Group of America, Inc. (rehearing)

U.S. Court of Appeals for the Ninth Circuit
Decided
August 24, 2020

California Supreme Court denies review of decision holding that pharmaceutical company may not preclude the government from disclosing sensitive drug pricing information in response to California Public Records Act request.  The U.S. Chamber filed an amicus letter urging the court to grant review, and also filed an amicus brief when this case was before the California Court of Appeal.

Wild Virginia v. Council on Environmental Quality

U.S. District Court for the Western District of Virginia
Pending
September 21, 2020

U.S. District Court for the Western District of Virginia denies motion to dismiss challenges to the Council for Environmental Quality’s revised NEPA regulations.  The U.S. Chamber and a group of business associations intervened to help defend against challenges to the CEQ’s regulations to improve the NEPA review process.

Ally Financial Inc. v. Haskins

U.S. Supreme Court
Pending
September 17, 2020

U.S. Chamber files coalition amicus brief urging Supreme Court to grant review and hold that class action defendants must be subject to specific personal jurisdiction with respect to each class member’s claims.

Union of Concerned Scientists v. National Highway Traffic Safety Administration

U.S. Court of Appeals for the District of Columbia Circuit
Pending
September 16, 2020

U.S. Chamber files amicus brief urging D.C. Circuit to recognize the Energy Policy & Conservation Act creates national fuel economy standards and preempts state and local requirements that relate to fuel economy standards.

Plaquemines Parish v. Louisiana

U.S. Court of Appeals for the Fifth Circuit
Pending
September 15, 2020

U.S. Chamber filed coalition amicus brief urging the Fifth Circuit to grant the petition for panel rehearing, and revisit its earlier decision that failed to apply the appropriate test for timely removal under the Federal Officer Removal Statute.  The U.S. Chamber filed an amicus brief previously on the merits. 

Rittmann v. Amazon.com, Inc.

U.S. Court of Appeals for the Ninth Circuit
Pending
September 14, 2020

U.S. Chamber files amicus brief urging full Ninth Circuit to rehear case and overturn panel holding that the Federal Arbitration Act’s exemption for transportation workers “engaged in interstate commerce” covers drivers that complete the final leg of an interstate delivery but do not cross state lines.  The U.S. Chamber previously filed an amicus brief at the merits stage.

Facebook, Inc. v. Duguid

U.S. Supreme Court
Pending
September 11, 2020

U.S. Chamber files coalition merits-stage amicus brief urging the Supreme Court to reject the Ninth Circuit’s overbroad reading of “automatic telephone dialing system” under the Telephone Consumer Protection Act.  The Ninth Circuit’s interpretation violates the First Amendment by prohibiting billions of calls and texts from smartphones and by suppressing valuable communications between businesses and their customers.  The U.S. Chamber filed a successful amicus brief at the cert. stage and a brief when this case was before the Ninth Circuit.

Russell v. Educational Commission for Foreign Medical Graduates

U.S. Court of Appeals for the Third Circuit
Pending
September 9, 2020

U.S. Chamber files amicus brief urging Third Circuit to hold that Rule 23(c)(4) “issues” classes are not a separate type of class action exempt from Rule 23(b)(3)’s predominance and superiority requirements.

Nestlé USA, Inc. v. Doe I; Cargill, Inc. v. Doe I

U.S. Supreme Court
Pending
September 8, 2020

U.S. Chamber files a coalition merits-stage amicus brief urging the Supreme Court to reject domestic corporate liability under the Alien Tort Statute and limit its extraterritorial reach.  The Chamber previously filed an amicus brief supporting the successful cert petitions in these two consolidated cases.  The Chamber also filed an amicus brief in support of a petition for rehearing en banc in the Ninth Circuit.  

State of New York v. Scalia

U.S. District Court for the Southern District of New York
Decided
September 8, 2020

District court invalidates Department of Labor’s Final Rule defining “joint employers” under the Fair Labor Standards Act.  The court held that the Final Rule violates the APA because it conflicts with FLSA and is arbitrary and capricious.  The U.S. Chamber and other business associations intervened and opposed this result.

Prairie Rivers Network v. Dynegy Midwest Generation, LLC

U.S. Court of Appeals for the Seventh Circuit
Pending
September 8, 2020

U.S. Chamber files amicus brief urging the Seventh Circuit to affirm lower court ruling that constituents discharged into groundwater are governed by the RCRA and state law, not the CWA.  

Hudock v. LG Electronics U.S.A., Inc.

U.S. Court of Appeals for the Eighth Circuit
Pending
September 7, 2020

U.S. Chamber files coalition amicus brief urging Eighth Circuit to decertify nationwide consumer class action ignoring individualized issues and longstanding choice-of-law principles.  The Chamber previously filed a successful amicus brief urging the Eighth Circuit to grant the defendant’s Rule 23(f) petition for interlocutory review. 

In re: AXA Equitable Life Insurance Co. COI Litigation

U.S. District Court for the Southern District of New York
Pending
September 3, 2020

U.S. Chamber files amicus brief urging Second Circuit to grant interlocutory review and decertify insurance class action because individualized questions about each class member's exposure to alleged misstatements predominate.

Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers

U.S. Court of Appeals for the District of Columbia Circuit
Pending
September 2, 2020

U.S. Chamber and industry groups submit coalition amicus brief urging D.C. Circuit to reverse lower court decision that vacated easement for an already operating pipeline based on the government’s purported infirmities with its NEPA approval process.  Previously, the U.S. Chamber filed a coalition amicus brief supporting a stay, which the D.C. Circuit granted.  The Chamber also filed a brief when this case was in the U.S. District Court for the District of Columbia.

Henry Schein, Inc. v. Archer and White Sales, Inc.

U.S. Supreme Court
Pending
August 28, 2020

U.S. Chamber files amicus brief arguing that courts should enforce agreement to delegate questions of arbitrability -- including the interpretation of carve-out clauses limiting the scope of arbitral issues -- to arbitrators.  The U.S. Chamber filed a merits stage brief the other time this case came before the Supreme Court.

National Association of Manufacturers, Chamber of Commerce v. U.S. Department of Homeland Security

U.S. District Court for the Northern District of California
Pending
August 28, 2020

U.S. Chamber files reply brief in support of preliminary injunction in lawsuit against implementation of unprecedented restrictions on work visas.

South Carolina Coastal Conservation League v. Wheeler

U.S. District Court for the District of South Carolina
Pending
August 24, 2020

U.S. Chamber and sixteen other associations, as intervenors, move for summary judgment urging the District of South Carolina to reject environmental groups’ challenge to the Navigable Waters Protection Rule.  

Wal-Mart Stores, Inc. v. Texas Alcoholic Beverage Commission

U.S. Supreme Court
Pending
August 21, 2020

U.S. Chamber files cert.-stage amicus brief, urging Supreme Court to review Texas law discriminating against public corporations in violation of the Commerce Clause.

Citizens for Responsibility and Ethics in Washington v. FEC

U.S. Court of Appeals for the District of Columbia Circuit
Decided
August 21, 2020

Two-judge panel of D.C. Circuit affirms District Court decision striking down the FEC’s long-standing interpretation of the FEC's regulation regarding disclosure requirements for independent expenditures.  The U.S. Chamber filed an amicus brief opposing this outcome

Polansky v. Executive Health Resources Inc.

U.S. Court of Appeals for the Third Circuit
Pending
August 20, 2020

U.S. Chamber files amicus brief urging Third Circuit to hold that government has unfettered discretion to dismiss a relator’s qui tam action under the False Claims Act.

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